Citation : 2026 Latest Caselaw 735 Ker
Judgement Date : 23 January, 2026
2026:KER:5743
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 23RD DAY OF JANUARY 2026 / 3RD MAGHA, 1947
WP(C) NO. 2682 OF 2026
PETITIONER/S:
A P RAJEEV
AGED 66 YEARS
S/O. PADMANABHAN,RESIDING AT ADITHODATH HOUSE,
THEKKUMBHAGAM, THRIPUNITHURA, ERNAKULAM DISTRICT,
PIN - 682301.
BY ADVS.
SRI.T.MADHU
SMT.C.R.SARADAMANI
SHRI.RENJISH S. MENON
SMT.AVANTHIKA R.
SMT.ARUNIMA A.R.
SHRI.T.S.DAVIS
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001.
2 THE LAND REVENUE COMMISSIONER
LAND REVENUE COMMISSIONERATE, THIRUVANANTHAPURAM,
PIN - 695001.
3 THE DISTRICT COLLECTOR ERNAKULAM
CIVIL STATION, KAKKANAD P.O. ERNAKULAM DISTRICT,
PIN - 682030.
2026:KER:5743
WP(C) NO. 2682 OF 2026 2
4 THE REVENUE DIVISIONAL OFFICER
FORT KOCHI, ERNAKULAM DISTRICT, PIN - 682001.
5 THE GEOLOGIST
DEPARTMENT OF MINING AND GEOLOGY DISTRICT OFFICE, CIVIL
STATION, KAKKANAD, ERNAKULAM DISTRICT, PIN - 682030.
6 THE TAHASILDAR
KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN - 682011.
7 THE VILLAGE OFFICER
THEKKUMBHAGAM VILLAGE, ERNAKULAM DISTRICT,
PIN - 682301.
8 THE THRIPUNITHURA MUNICIPALITY
REPRESENTED BY ITS SECRETARY, THRIPUNITHURA P.O.
ERNAKULAM DISTRICT, PIN - 682301.
9 P.K. PRAKASH
S/O. KARUNAKARAN, PULIMOOTTIL HOUSE, HOUSE NO.36/566.
PANAMPALLY NAGAR, ERNAKULAM DISTRICT, PIN - 682020.
0 USHAKUMARI
W/O. P.K. PRAKASH, PULIMOOTTIL HOUSE, HOUSE NO.36/566.
PANAMPALLY NAGAR, ERNAKULAM DISTRICT, PIN - 682020.
BY ADV SHRI.K.S.ARUN KUMAR
SMT DEEPA V, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2026:KER:5743
WP(C) NO. 2682 OF 2026 3
P.V. KUNHIKRISHNAN, J.
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W.P.(C) No.2682 of 2026
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Dated this the 23rd day of January, 2026
JUDGMENT
The above Writ Petition (C) is filed with the following prayers:
i. Issue a writ of certiorari and quash the Exhibit P5 proceedings
of the 6 th respondent, so as to secure the ends of justice
ii. Issue a writ of mandamus or any other appropriate writ
direction or order directing the 4th respondent to take further
action of Exhibit P7 representation dated 08.08.2025 submitted
by the petitioner before the 4th respondent as expeditiously as
possible and within a time frame fixed by this Honourable Court,
so as to secure the ends of justice.
Iii. Issue a writ of mandamus or any other appropriate writ
direction or order directing the 5th respondent to take further
action of Exhibit P8 representation dated O7.O8.2O25 submitted
by the petitioner before the 5th respondent as expeditiously as
possible and within a time frame fixed by this Honourable Court,
so as to secure the ends of justice.
iv. This Hon'ble Court may be pleased to dispense with filing of
the English translation of Malayalam documents produced in the 2026:KER:5743
writ petition, so as to secure the ends of justice.
2. When this writ petition came up for consideration, the
learned counsel for the petitioner submitted that he will be satisfied if a
direction is issued to the 4th respondent to consider Ext.P7.
3. Heard the learned Government Pleader and the learned
Standing Counsel appearing for the Municipality. In the manner in
which the writ petition is going to be disposed of, no notice is
necessary to respondents 9 and 10. If they are aggrieved by any of the
directions issued by this Court, they are free to file a Review Petition
before this Court.
4. Since the prayer of the petitioner is only for a consideration
of Ext.P7 by the 4th respondent, I think that the prayer can be allowed.
But I make it clear that I have not considered the matter on merits and
the 4th respondent is free to pass appropriate orders.
Therefore, this writ petition is disposed of with the following
directions:-
(i) The 4th respondent is directed to consider Ext.P7, if it is
received and pending, after giving an opportunity of
hearing to the petitioner and respondents 9 and 10, as
expeditiously as possible, at any rate, within two months
from the date of receipt of a copy of this judgment.
2026:KER:5743
(ii) I make it clear that the 4 th respondent is free to pass
appropriate orders in accordance with law.
Sd/-
P.V.KUNHIKRISHNAN JUDGE Sru 2026:KER:5743
APPENDIX OF WP(C) NO. 2682 OF 2026
PETITIONER EXHIBITS
Exhibit P1 THE RELEVANT PORTION OF THE DATA BANK FOR THRIPUNITHURA MUNICIPALITY Exhibit P2 THE TRUE COPY OF THE PROCEEDINGS DATED 21.07.2015 ISSUED BY THE 3RD RESPONDENT Exhibit P3 THE TRUE COPY OF THE JUDGMENT DATED 07.01.2019 IN W.P(C) 312/2019 ON THE FILES OF THIS HONOURABLE COURT Exhibit P4 THE TRUE COPY OF THE PROCEEDINGS DATED 15.02.2019 ISSUED BY THE 6TH RESPONDENT Exhibit P5 THE TRUE COPY PROCEEDINGS DATED 18.05.2018 OF THE 6TH RESPONDENT Exhibit P6 THE TRUE COPY OF INFORMATION RECEIVED UNDER THE RIGHT TO INFORMATION ACT Exhibit P7 THE TRUE COPY OF THE COMPLAINT DATED 08.08.2025 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT Exhibit P8 THE TRUE COPY OF THE COMPLAINT DATED 07.08.2025 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DISTRICT GEOLOGIST Exhibit P9 THE TRUE COPY OF THE PLAINT IN O.S.NO.5/2025 ON THE FILES OF THE MUNSIFF'S COURT, ERNAKULAM
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